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Shown Here:Introduced in House (09/10/1998)

[Congressional Bills 105th Congress]
[From the U.S. Government Printing Office]
[H.R. 4545 Introduced in House (IH)]
105th CONGRESS
2d Session
H. R. 4545
To prohibit United States military assistance and arms transfers to
foreign governments that are undemocratic, do not adequately protect
human rights, are engaged in acts of armed aggression, or are not fully
participating in the United Nations Register of Conventional Arms.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 10, 1998
Ms. McKinney (for herself, Mr. Rohrabacher, Mr. Smith of New Jersey,
Ms. Pelosi, Mr. Porter, Mrs. Lowey, Mr. Kennedy of Massachusetts, Mr.
Wolf, Mr. Campbell, Mr. Leach, Mr. Lantos, Mr. Berman, Mr.
Faleomavaega, Mr. Engel, Mr. Menendez, Mr. Payne, Mr. Brown of Ohio,
Mr. Hastings of Florida, Mr. Hilliard, Mr. Luther, Mr. Rothman, Mrs.
Morella, Mr. Riggs, Mr. LoBiondo, Mr. Moran of Virginia, Mr. DeFazio,
Ms. Furse, Mr. Abercrombie, Mr. Allen, Mr. Andrews, Mr. Barrett of
Wisconsin, Mr. Blumenauer, Mr. Blagojevich, Mr. Bonior, Mr. Brown of
California, Mr. Cardin, Mr. Clay, Mr. Clement, Mr. Clyburn, Mr.
Conyers, Mr. Delahunt, Mr. Dixon, Mr. Farr of California, Mr. Fattah,
Mr. Filner, Mr. Hinchey, Ms. Norton, Ms. Hooley of Oregon, Mr. Lewis of
Georgia, Mrs. Maloney of New York, Mr. Markey, Mr. Martinez, Mr.
McDermott, Mr. McGovern, Mr. Meehan, Mrs. Meek of Florida, Mr. Miller
of California, Mr. Minge, Mr. Nadler, Mr. Olver, Mr. Owens, Mr.
Pascrell, Mr. Rangel, Ms. Rivers, Ms. Roybal-Allard, Mr. Serrano, Ms.
Slaughter, Mr. Stark, Mr. Strickland, Mr. Stupak, Mrs. Tauscher, Mr.
Tierney, Mr. Towns, Mr. Underwood, Mr. Vento, Ms. Waters, Mr. Watt of
North Carolina, Ms. Woolsey, and Mr. Waxman) introduced the following
bill; which was referred to the Committee on International Relations,
and in addition to the Committee on National Security, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To prohibit United States military assistance and arms transfers to
foreign governments that are undemocratic, do not adequately protect
human rights, are engaged in acts of armed aggression, or are not fully
participating in the United Nations Register of Conventional Arms.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Code of Conduct on Arms Transfers
Act of 1998''.
SEC. 2. PURPOSE.
The purpose of this Act is to provide clear policy guidelines and
congressional responsibility for determining the eligibility of foreign
governments to be considered for United States military assistance and
arms transfers.
SEC. 3. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE AND ARMS
TRANSFERS TO CERTAIN FOREIGN GOVERNMENTS.
(a) Prohibition.--Except as provided in subsections (b) and (c),
United States military assistance and arms transfers may not be
provided to a foreign government for any fiscal year beginning after
the date of the enactment of this Act unless the President certifies to
Congress for that fiscal year that such government meets the following
requirements:
(1) Promotes democracy.--Such government--
(A) was chosen by and permits free and fair
elections;
(B) promotes civilian control of the military and
security forces and has civilian institutions
controlling the policy, operation, and spending of all
law enforcement and security institutions, as well as
the armed forces;
(C) promotes the rule of law, equality before the
law, and respect for individual and minority rights,
including freedom to speak, publish, associate, and
organize; and
(D) promotes the strengthening of political,
legislative, and civil institutions of democracy, as
well as autonomous institutions to monitor the conduct
of public officials and to combat corruption.
(2) Respects human rights.--Such government--
(A) does not engage in gross violations of
internationally recognized human rights, including--
(i) extrajudicial or arbitrary executions;
(ii) disappearances;
(iii) torture or severe mistreatment;
(iv) prolonged arbitrary imprisonment;
(v) systematic official discrimination on
the basis of race, ethnicity, religion, gender,
national origin, or political affiliation; and
(vi) grave breaches of international laws
of war or equivalent violations of the laws of
war in internal conflicts;
(B) vigorously investigates, disciplines, and
prosecutes those responsible for gross violations of
internationally recognized human rights;
(C) permits access on a regular basis to political
prisoners by international humanitarian organizations
such as the International Committee of the Red Cross;
(D) promotes the independence of the judiciary and
other official bodies that oversee the protection of
human rights;
(E) does not impede the free functioning of
domestic and international human rights organizations;
and
(F) provides access on a regular basis to
humanitarian organizations in situations of conflict or
famine.
(3) Not engaged in certain acts of armed aggression.--Such
government is not currently engaged in acts of armed aggression
in violation of international law.
(4) Full participation in united nations register of
conventional arms.--Such government is fully participating in
the United Nations Register of Conventional Arms.
(b) Requirement for Continuing Compliance.--Any certification with
respect to a foreign government for a fiscal year under subsection (a)
shall cease to be effective for that fiscal year if the President
certifies to Congress that such government has not continued to comply
with the requirements contained in paragraphs (1) through (4) of such
subsection.
(c) Exemptions.--
(1) In general.--The prohibition contained in subsection
(a) shall not apply with respect to a foreign government for a
fiscal year if--
(A) subject to paragraph (2), the President submits
a request for an exemption to Congress containing a
determination that it is in the national security
interest of the United States to provide military
assistance and arms transfers to such government; or
(B) the President determines that an emergency
exists under which it is vital to the interest of the
United States to provide military assistance and arms
transfers to such government.
(2) Disapproval.--A request for an exemption to provide
military assistance and arms transfers to a foreign government
shall not take effect, or shall cease to be effective, if a law
is enacted disapproving such request.
(d) Notifications to Congress.--
(1) In general.--The President shall submit to Congress
initial certifications under subsection (a) and requests for
exemptions under subsection (c)(1)(A) in conjunction with the
submission of the annual congressional presentation documents
for foreign assistance programs for a fiscal year and shall,
where appropriate, submit additional or amended certifications
and requests for exemptions at any time thereafter in the
fiscal year.
(2) Determination with respect to emergency situations.--
Whenever the President determines that it would not be contrary
to the national interest to do so, he shall submit to Congress
at the earliest possible date reports containing determinations
with respect to emergencies under subsection (c)(1)(B). Each
such report shall contain a description of--
(A) the nature of the emergency;
(B) the type of military assistance and arms
transfers provided to the foreign government; and
(C) the cost to the United States of such
assistance and arms transfers.
SEC. 4. PROMOTING AN INTERNATIONAL ARMS TRANSFERS REGIME.
(a) International Cooperation.--Prior to the beginning of each
fiscal year, the President shall compile a list of countries that do
not meet the requirements in section 3(a) and for which the President
has not requested an exemption under section 3(c). The President
shall--
(1) notify the governments participating in the Wassenaar
Arrangement on Export Controls for Conventional Arms and Dual
Use Goods and Technologies, done at Vienna, July 11 and 12,
1996 (in this section referred to as the ``Wassenaar
Arrangement''), and such other foreign governments as the
President deems appropriate, that the countries so listed are
ineligible to receive United States arms sales and military
assistance under this Act; and
(2) request that the countries so notified also declare the
listed countries as ineligible for arms sales and military
assistance.
(b) Multilateral Efforts.--The President shall continue and expand
efforts through the United Nations and other international fora, such
as the Wassenaar Arrangement, to limit arms transfers worldwide,
particularly transfers to countries that do not meet the criteria
established in section 3, for the purpose of establishing a permanent
multilateral regime to govern the transfer of conventional arms.
(c) Report.--
(1) In general.--Beginning one year after the date of
enactment of this Act, and annually thereafter, the President
shall submit a report to Congress--
(A) describing efforts he has undertaken during the
preceding year to gain international acceptance of the
principles contained in section 3; and
(B) evaluating the progress made toward
establishing a multilateral regime to control the
transfer of conventional arms.
(2) Submission of the report.--This report shall be
submitted in conjunction with the submission of the annual
congressional presentation documents for foreign assistance
programs for a fiscal year.
SEC. 5. UNITED STATES MILITARY ASSISTANCE AND ARMS TRANSFERS DEFINED.
For purposes of this Act, the terms ``United States military
assistance and arms transfers'' and ``military assistance and arms
transfers'' mean--
(1) assistance under chapter 2 of part II of the Foreign
Assistance Act of 1961 (relating to military assistance),
including the transfer of excess defense articles under section
516 of that Act;
(2) assistance under chapter 5 of part II of the Foreign
Assistance Act of 1961 (relating to international military
education and training);
(3) the transfer of defense articles, defense services, or
design and construction services under the Arms Export Control
Act (excluding any transfer or other assistance under section
23 of such Act to countries that are specifically identified
and approved for such assistance in law), including defense
articles and defense services licensed or approved for export
under section 38 of that Act; or
(4) assistance under sections 2010 and 2011 of title 10,
United States Code, and assistance under section 1004 of the
National Defense Authorization Act for Fiscal Year 1991.
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